U.S. Supreme Court to Hear DOMA Challenge

Today, the United States Supreme Court announced that it will hear arguments inUnited States v. Windsorwhich challenges the constitutionality of the so-called Defense of Marriage Act (DOMA). The Court also granted a hearing toHollingsworth v. Perry, the challenge to California’s Proposition 8. Arguments before the Court are likely to take place in March 2013.

“DOMA creates a gay-only exception to federal recognition of state-licensed marriages, and we believe that the federal government should stop discriminating against same-sex couples legally married by their states. We know from working with legally married same-sex couples since 2004 in Massachusetts that DOMA undermines their security in every aspect of life and death,” said Mary L. Bonauto, director of GLAD’s Civil Rights Project.

GLAD’s two DOMA challenges,Gill v. Office of Personnel ManagementandPedersen v. Office of Personnel Managementwere also considered at today’s Supreme Court conference but were not granted certiorari. GLAD filedGill, the country’s first strategic challenge to DOMA in 2009; and filedPedersenin 2010. Gillwas the first case in which DOMA was found unconstitutional by a federal District Court, and also achieved the first appellate ruling that DOMA is unconstitutional in May 2012.

Of California’s Prop 8 case, Bonauto said, “The ability to commit in marriage to the person you love is profoundly important and should not have been taken away from committed same-sex couples. GLAD has been leading the fight for marriage equality for two decades, including the historic marriage equality breakthroughs in Massachusetts and Connecticut, and we are committed to the success of this case. That the issue will soon be heard by the Supreme Court is a vindication of our work to achieve equal protection under the law for same-sex couples. This day has been long in the making, and we are committed to the success of this case.”

Gillplaintiffs are married couples and widowers from Massachusetts, which became the first marriage equality state after GLAD’s 2003 victory inGoodridge v. Department of Public Health.Pedersenplaintiffs are married couples and a widower from Connecticut, New Hampshire, and Vermont.